I have been fighting legal battles for years, and it is wearing me out. I have saved my home using bankruptcy and the completely wonderful, marvelous automatic stay.

I have an adversary proceeding in bankruptcy court now and I wanted to know what I would have to do to make the CD of the bank's lawyer lying in court evidence when it comes to the adversary proceeding for Damages for Willful Violation of the Automatic Stay... Compensatory damages are mandatory under United States bankruptcy law.

Okay, so here's the part I wanted to tell you... I looked for a forum on bankruptcy where I could ask about the evidence thing, and I found a few in England and one here. So I asked, but the answer I got was amazingly UNhelpful. Basically the main guy said that the automatic stay is not helpful because out of the thousands of violations very few are prosecuted... Ah... so what does no prosecuting have to do with me wanting to prosecute?

Well, in an article I found on the web it said that if there is a violation of the automatic stay and the lawyer for the party who did it isn't sued, the proceeding will fail. Basically you often have to sue the lawyer.

So, I would guess the bankruptcy forum is run by lawyers who are looking for desperate people to hire them for their bankruptcies... and it appears that they aren't awfully interested in extending to people the protections of the automatic stay.

Therefore, if you are in bankruptcy or are thinking about it, be sure to read 11 USC Section 362 with attention to paragraph (k) --

It worked for me in the 90s when my condo was foreclosed and auctioned and I filed bankruptcy before the sale was confirmed. I got my condo back.

In 2005 my condo was foreclosed and auctioned again, but this time without proper notice to me, so I'm hoping to get damages since the bank served their Amended Complaint in violation of the automatic stay.

I haven't been well enough to go to the law library so I look things up on line... if you want to see how the automatic stay results in damages google: automatic stay damages, that will give you some lawyer blogs... if you want to read some appeals court decisions, then add "appeal" to your search terrms.

In my experience a lot of creditors violate the automatic stay...

I just wanted to alert people who might be under major financial pressure...
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